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Case Citations [1] (Spring 2025)

handle is hein.ali/resndrn0019 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations RESTITUTION 2D Generally E.D.Ark.2023. Cit. generally in disc. (T.D. No. 1, 1983). Customer sued waste-services provider for breach of contract, seeking to recover for alleged overcharges. After provider calculated the overcharges alleged by customer and issued a check in that amount-which customer accepted but did not cash-this court granted in part provider's motion for summary judgment based on the notice-and-cure provision contained in the parties' contract, holding that, under Texas law, the provision was a condition, such that customer's lack of prior notice to provider of the overcharges and provider's tendered cure eliminated customer's claim for breach of contract. The court did not rule on provider's motion for summary judgment as to customer's unjust-enrichment claim and ordered additional briefing on the issue, pointing to the Restatement Second of Restitution as a resource that could provide valuable insight. Allen Beth Incorporated v. Waste Connections US, Inc., 688 F.Supp.3d 841, 846. COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.